Political situation
Written by: Luo Jiaqing
2020-06-23 17:34
Date of last update: 2020-06-23 17:34The draft "Hong Kong version of the National Security Law" was published earlier. The content mentioned that the judge who tried the national security case was appointed by the chief executive, which caused doubts from the judiciary. Chief Executive Lin Zheng Yuee told reporters before attending the Executive Council today (23rd) that full-time judges in some special courts in Hong Kong, such as the Land Tribunal and the Labour Tribunal, are appointed by the Chief Executive, emphasizing that the practice does not undermine judicial independence. She also did not name and criticize Ye Qiaoqi, vice president of the Bar Association, for pointing out that the Chief Executive’s appointment of judges as "unheard of" is "insolent."
Guo Rongkeng, a member of the Legislative Council of the legal profession, said that full-time judges in some specialized courts are recommended by the Chief Judge of the Court of Final Appeal or the Judicial Officers Recommendation Committee, and then appointed by the Chief Executive. For example, he pointed out that, for example, the Competition Tribunal requires the Chief Executive to consult the Judicial Officers Recommendation Committee before appointing a judge.
Guo Rongkeng emphasized that the choice of judges by the chief executive to deal with cases involving national security is different from the recommendation by the chief judge of the Court of Final Appeal or the Judicial Officers Recommendation Committee and the appointment by the chief executive. Guo Rongkeng also mentioned that although the "Hong Kong version of the National Security Law" does not have retrospective power, the power of interpretation of the Standing Committee of the National People's Congress has retrospective power, and the National People's Congress can change individual definitions of the law over time.
Concerning Li Guoneng, the first chief judge of the Court of Final Appeal, the National Security Office in Hong Kong may exercise jurisdiction over a very small number of criminal cases that endanger national security. Guo Rongkeng said that he has not yet known exactly what cases will be handed over to the Mainland for trial, emphasizing that this will damage the unity of Hong Kong's jurisdiction.
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